PET orders Comelec to comment on VP appeal

MANILA -- The Supreme Court, sitting as Presidential Electoral Tribunal (PET), ordered the Commission on Elections (Comelec) to file a comment on the motion for reconsideration filed by Vice President Leni Robredo, which seeks the use of the 25-percent threshold in the ongoing ballot recount for the May 2016 vice presidential race.

In a six-page notice dated July 10 obtained on Friday, the PET gave the Comelec 10 days to file its own comment, independent of that of the Office of the Solicitor General (OSG).

"Direct the Commission on Elections to file its own Comment on the Urgent Motion for Reconsideration (of the resolution dated April 10, 2018) with Reiterative Prayer to Immediately Direct the Head Revisors to Use the 25% Threshold Percentage in the Revision, Recount and Re-Appreciation of Ballots dated April 18, 2018 filed by counsel for protestee Robredo, within a Non-Extendible period of 10 days from notice hereof," the resolution, signed by Clerk of the Tribunal Edgar Aricheta, read.

In its manifestation and motion, the OSG asked the PET to affirm its ruling last April, upholding the 50-percent shading threshold in determining the validity of votes in the 2016 vice presidential race.

The OSG argued that there is no basis for the High Court to grant Robredo's motion.

“As the People's Tribune, it is the Solicitor General's duty to present to the Honorable Tribunal the position he perceives to be in the best interest of the State, notwithstanding the stance of the Comelec on the issue of whether the Honorable Tribunal correctly ruled that it has no basis to impose a 25% threshold in determining whether a vote is valid,” it said.

The OSG also sought an extension of the tribunal’s order to comment on behalf of the Comelec so it could study the issue and take the position of the PET.

In resolution dated April 10, the PET denied Robredo's plea to direct the head revisors to apply the correct threshold percentage as set by the Comelec in the revision, recount and re-appreciation of the ballots, to expedite the proceedings for lack of merit. PNA